H  D 
/  739 


SALT  RIVER  VALLEY  7JATER 
USERS'  ASSOCIATION. 

National  irrigation  act  and 
Articles  of  incorporation. 


UC-NRI 


SB 


Edward  J.   Wickson 


MAIN  LIBRARY-ACiRJCULTURE  DEf»T. 


THE  NATIONAL  IRRIGATION  ACT 


ARTICLES  of  INCORPORATION 


Salt  River  Valley  Water 
Users'  Association. 


PHOENIX,    ARIZONA. 


ARIZONA     REPUBLICAN     PRINT 


MAIN  LIBRARY-AGRICULTURE  DEPT, 


IRational  Ifrrfoatfon  Hct 

(Public  No.  161.) 

An  Act  Appropriating  the  receipts  from  the  sale  and  disposal  of  public  lands  in  cer- 
tain States  and  Territories  to  the  construction  of  irrigation  works  for 
the  reclamation  of  arid  lands. 


Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  United 
States  of  America  in  Congress  as- 
sembled, That  all  moneys  received 
from  the  sale  and  disposal  of  public 
lands  in  Arizona,  California,  Colorado. 
Idaho,  Kansas,  Montana,  Nebraska, 
Nevada,  New  Mexico,  North  Dakota, 
Oklahoma,  Oregon,  South  Dakota, 
Utah,  Washington  and  Wyoming,  be- 
ginning with  the  fiscal  year  ending 
JtTne  thirtieth,  nineteen  hundred  and 
one,  including  the  surplus  of  fees  and 
commissions  in  excess  of  allowances  to 
registers  and  receivers,  and  excepting 
the  five  per  centum  of  the  proceeds  of 
the  sales  of  public  lands  in  the  above 
States  set  aside  by  law  for  educational 
and  other  purposes,  shall  be,  and  the 
same  are  hereby,  reserved,  set  aside, 
and  appropriated  as  a  special  fund  in 
the  Treasury  to  be  known  as  the  "re- 
clamation fund,"  to  be  used  in  the  ex- 
amination and  survey  for  and  the  con- 
struction and  maintenance  of  irrigation 
works  for  the  storage,  diversion,  and 
development  of  waters  for  the  reclama- 
tion of  arid  and  semi-arid  lands  in  the 
said  States  and  Territories,  and  for 
the  payment  of  all  other  expenditures 
provided  for  in  this  Act:  Provided, 
,  That  in  case  the  receipts  from  the  sale 
and  disposal  of  public  lands  other  than 
those  realized  from  the  sale  and  dis- 
posal of  lands  referred  to  in  this  sec- 
tion are  insufficient  to  meet  the  re- 
quirements for  the  support  of  agricul- 
tural colleges  in  the  several  States  and 
Territories,  under  the  Act  of  August 
thirtieth,  eighteen  hundred  and  ninety, 
entitled  "An  Act  to  apply  a  portion  of 


the  proceeds  of  the  public  lands  to  the 
more  complete  endowment  and  sup- 
port of  the  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts,  es- 
tablished under  the  provisions  of  an 
Act  of  Congress  approved  July  second, 
eighteen  hundred  and  sixty-two,"  the 
deficiency,  if  any,  in  the  sum  necessary 
for  the  support  of  the  said  colleges 
shall  be  provided  for  from  any  moneys 
in  the  treasury  not  otherwise  appro- 
priated. 

Sec.  2.  That  the  Secretary  of  the  In- 
terior is  hereby  authorized  and  di- 
rected to  make  examinations  and  sur- 
veys for,  and  to  locate  and  construct, 
as  herein  provided,  irrigation  works 
for  the  storage,  diversion,  and  devel- 
opment of  waters,  including  artesian 
wells,  and  to  report  to  Congress  at  the 
beginning  of  each  regular  session  as  to 
the  results  of  such  examinations  and 
surveys,  giving  estimates  of  cost  of  all 
contemplated  works,  the  quantity  and 
location  of  the  lands  which  can  be  irri- 
gated therefrom,  and  all  facts  relative 
to  the  practicability  of  each  irrigation 
project;  also  the  cost  of  works  in  pro- 
cess of  construction  as  well  as  of  those 
which  have  been  completed. 

Sec.  3.  That  the  Secretary  of  the  In- 
terior shall,  before  giving  the  public 
notice  provided  for  in  section  four  of 
this  Act,  withdraw  from  public  entry 
the  lands  required  for  any  irrigation 
works  contemplated  under  the  provis- 
ions of  this  Act,  and  shall  restore  to 
public  entry  any  of  the  lands  so  with- 
drawn when,  in  his  judgment,  such 
lands  are  not  required  for  the  purposes 
of  this  Act;  and  the  Secretary  of  the 


Interior  is  hereby  authorized,  at  or 
immediately  prior  to  the  time  of  begin- 
ning the  surveys  for  any  contemplated 
irrigation  works,  to  withdraw  from 
entry,  except  under  the  homestead 
laws,  any  public  lands  believed  to  be 
susceptible  of  irrigation  from  said 
works:  Provided.  That  all  lands  en- 
tered and  entries  made  under  the 
homestead  laws  within  areas  so  with- 
drawn during  such  withdrawal  shall  be 
subject  to  all  the  provisions,  limita- 
tions, charges,  terms,  and  conditions  of 
this  Act;  that  said  surveys  shall  be 
prosecuted  diligently  to  completion,  and 
upon  the  completion  thereof,  and  of  the 
necessary  maps,  plans,  and  estimates 
of  cost,  the  Secretary  of  the  Interior 
shall  determine  whether  or  not  said 
project  is  practicable  and  advisable, 
and  if  determined  to  be  impracticable 
or  unadvisable  he  shall  thereupon  re- 
store said  lands  to  entry;  that  public 
lands  which  it  is  proposed  to  irrigate 
by  means  of  any  contemplated  works 
shall  be  subject  to  entry  only  under  the 
provisions  of  the  homestead  laws  in 
tracts  of  not  less  than  forty  nor  more 
than  one  hundred  and  sixty  acres,  and 
shall  be  subject  to  the  limitations, 
charges,  terms  and  conditions  herein 
provided:  Provided,  That  the  com- 
mutation provisions  of  the  homestead 
laws  shall  not  apply  to  entries  made 
under  this  Act. 

Sec.  4.  That  upon  the  determination 
by  the  Secretary  of  the  Interior  that 
any  irrigation  project  is  practicable,  he 
may  cause  to  be  let  contracts  for  the 
construction  of  the  same,  in  such  por- 
tions or  sections  as  it  may  be  prac- 
ticable to  construct  and  complete  as 
parts  of  the  whole  project,  providing 
the  necessary  funds  for  such  portions 
or  sections  are  available  in  the  recla- 
mation fund,  and  thereupon  he  shall 
give  public  notice  of  the  lands  irrigable 
under  such  project,  and  limit  of  area 
per  entry,  which  limit  shall  represent 
the  acreage  which,  in  the  opinion  of 


the  Secretary,  may  be  reasonably  re 
quired  for  the  support  of  a  family  upon 
the  lands  in  question;  also  of  the 
charges  which  shall  be  made  per  acre 
upon  the  said  entries,  and  upon  lands 
in  private  ownership  which  may  be 
irrigated  by  the  waters  of  the  said 
irrigation  project,  and  the  number  of 
annual  installments,  not  exceeding  ten, 
in  which  such  charg^p  shall  be  paid 
and  the  time  when  such  payments  shall 
commence.  The  said  charges  shall  be 
determined  with  a  view  of  returning  to 
the  reclamation  fund  the  estimated 
cost  of  construction  of  the  project,  and 
shall  be  apportioned  equitably:  Pro- 
vided, That  in  all  construction  work 
eight  hours  shall  constitute  a  day's 
work,  and  no  Mongolian  labor  shall  be 
employed  thereon. 

Sec.  5.  That  the  entryman  upon 
lands  to  be  irrigated  by  such  works 
shall,  in  addition  to  compliance  with 
the  homestead  laws,  reclaim  at  least 
one-half  of  the  total  irrigable  area  of 
his  entry  for  agricultural  purposes,  and 
before  receiving  patent  for  the  lands 
covered  by  his  entry  shall  pay  to  the 
Government  the  charges  apportioned 
against  such  tract,  as  provided  in  sec- 
tion four.  No  right  to  the  use  of  water 
for  land  in  private  ownership  shall  be 

*•  •  •  * 'T ^TjEimfc' L- "- '  r mr^^"^""™**  '      "  '  "*       — 

sold  for  a  tract' exceeding  one  hundred 
'and  sixty  acres  to  any  one  landowner, 
and  no  such  sale  shall  be  made  to  any 
landowner  unless  he  be  an  actual  bona 
fide  resident  on  such  land,  or  occupant 
thereof  residing  in  the  neighborhood  of 
said  land,  and  no  such  right  shall  per- 
manently attach  until  all  payments 
therefor  are  made.  The  annual  in- 
stalments shall  be  paid  to  the  receiver 
of  the  local  land  office  of  the  district  in 
which  the  land  is  situated,  and  a  fail- 
ure to  make  any  two  payments  when 
due  shall  render  the  entry  subject  to 
cancellation,  with  the  forfeiture  of  all 
rights  under  this  Act,  as  well  as  of  any 
moneys  already  paid  thereon.  All 


moneys  received  from  the  above 
sources  shall  be  paid  into  the  reclama- 
tion fund.  Registers  and  receivers 
shall  be  allowed  the  usual  commissions 
on  all  moneys  paid  for  lands  entered 
under  this  Act. 

Sec.  6.  That  the  Secretary  of  the  In- 
terior is  hereby  authorized  and  direct- 
ed to  use  the  reclamation  fund  for  the 
operation  and  maintenance  of  all  reser- 
voirs and  irrigation  works  constructed 
under  the  provisions  of  this  Act:  Pro- 
vided, That  when  the  payments  re- 
quired by  this  Act  are  made  for  the 
major  portion  of  the  lands  irrigated 
from  the  waters  of  any  of  the  works* 
herein  provided  for,  then  the  manage- 
ment and  operation  of  such  irrigation 
works  shall  pass  to  the  owners  of  the 
lands  irrigated  thereby,  to  be  main- 
tained at  their  expense  under  such 
form  of  organization  and  under  such 
rules  and  regulations  as  may  be  ac- 
ceptable to  the  Secretary  of  the  In- 
terior: Provided,  That  the  title  to  and 
the  management  and  operation  of  the 
reservoirs  and  the  works  necessary  for 
their  protection  and  operation  shall 
remain  in  the  Government  until  other- 
wise provided  by  Congress. 

Sec.  7.  That  where  in  carrying  out 
the  provisions  of  this  Act  it  becomes 
necessary  to  acquire  any  rights  or 
property,  the  Secretary  of  the  Interior 
is  hereby  authorized  to  acquire  the 
same  for  the  United  States  by  pur- 
chase or  by  condemnation  under  judi- 
cial process,  and  to  pay  from  the  re- 
clamation fund  the  sums  which  may 
be  needed  for  that  purpose,  and  it 
shall  be  the  duty  of  the  Attorney- 
General  of  the  United  States  upon 
every  application  of  the  Secretary  of 
the  Interior,  under  this  Act,  to  cause 
proceedings  to  be  commenced  for  con- 
demnation within  thirty  days  from  the 
receipt  of  the  application  at  the  De- 
partment of  Justice. 

Sec.  8.  That  nothing  in  this  Act  shall 
be  construed  as  affecting  or  intended  to 


affect  or  to  in  any  way  interfere  with 
the  laws  of  any  State  or  Territory  re- 
lating to  the  control,  appropriation,  use 
or  distribution  of  water  used  in  irri- 
gation, or  any  vested  right  acquired 
thereunder,  and  the  Secretary  of  the 
Interior,  in  carrying  out  the  provisions 
of  this  Act,  shall  proceed  in  conform- 
ity with  such  laws,  and  nothing  herein 
shall  in  any  way  affect  any  right  of 
any  State  or  of  the  Federal  Govern- 
ment or  of  any  landowner,  appropria- 
tor,  or  user  of  water  in,  to,  or  from 
any  interstate  stream  or  the  waters 
thereof.  Provided:  That  the  right  to 
the  use  of  water  acquired  under  the 
provisions  of  this  Act  shall  be  appurte- 
nant to  the  land  irrigated,  and  benefi- 
cial use  shall  be  the  basis,  the  measure, 
and  the  limit  of  the  right. 

Sec.  9.  That  it  is  hereby  declared  to 
be  the  duty  of  the  Secretary  of  the  In- 
terior, in  carrying  out  the  provisions  of 
this  Act,  so  far  as  the  same  may  be 
practicable  and  subject  to  the  exist- 
ence of  feasible  irrigation  projects,  to 
expend  the  major  portion  of  the  funds 
arising  from  the  sale  of  public  lands 
within  each  State  and  Territory  here- 
inbefore named  for  the  benefit  of  arid 
and  semi-arid  lands  within  the  limits 
of  such  State  or  Territory:  Provided, 
That  the  Secretary  may  temporarily 
use  such  portion  of  said  funds  for  the 
benefit  of  arid  or  semi-arid  lands  in 
any  particular  State  or  Territory  here- 
inbefore named  as  he  may  deem  ad- 
visable, but  when  so  used  the  excess 
shall  be  restored  to  the  fund  as  soon 
as  practicable,  to  the  end  that  ulti- 
mately, and  in  any  event,  within  each 
ten-year  period  after  the  passage  of 
this  Act,  the  expenditures  for  the  bene- 
fit of  the  said  States  and  Territories 
shall  be  equalized  according  to  the  pro- 
portions and  subject  to  the  conditions 
as  to  practicability  and  feasibility 
aforesaid. 

Sec.  10.  That  the  Secretary  of  the 
Interior  is  hereby  authorized  to  per- 
form any  and  all  acts  and  to  make 
such  rules  and  regulations  as  may  be 
necessary  and  proper  for  the  purpose 
of  carrying  the  provisions  of  this  Act 
into  full  force  and  effect. 

Approved,  June  17,  1902. 


ARTICLES  OF  INCORPORATION. 


KNOW  ALL  MEN  BY  THESE  ARTICLES 
OF  INCORPORATION: 

That  we,  the  undersigned,  have  associated  our- 
selves together  under  the  laws  of  the  Territory  of 
Arizona  as  a  body  corporate. 

ARTICLE  I. 

The  name  of  the  corporation  shall  be  and  is  Salt 
River  Valley  Water  Users'  Association. 

ARTICLE  II. 

The  names  of  the  incorporators  are:  Frank  T. 
Alkire,  E.  J.  Bennitt,  J.  Wilfred  Broomell,  A.  J. 
Chandler,  Vernon  L.  Clark,  O.  H.  Christy,  Wm. 
Christy,  W.  W.  Dobson,  W.  S.  Dorman,  B.  A. 
Fickas,  B.  A.  Fowler,  S.  S.  Green,  C.  R.  Hakes,  Jas. 
G.  Hammels,  C.  T.  Hirst,  H.  A.  Hughes,  C.  C. 
Hurley.  P.  T.  Hurley,  James  Johnson,  Emery  Kays, 
W.  J.  Kingsbury,  Wallace  A.  MacDonald,  H.  C. 
Mann,  M.  W.  Messinger,  Lin  B.  Orme,  F.  H. 
Parker,  Thos.  W.  Pemberton,  Alfred  J.  Peters,  J.  E. 
Price,  L.  J.  Rice,  L.  D.  Rousseau,  H.  Simkins,  M.  A. 
Stanford,  C.  S.  Steward,  J.  A.  Stewart,  S.  S.  Stout, 
J.  E.  Sturgeon,  Fred  Tait,  Walter  Talbot,  G.  E. 
Tompkins,  Howard  L.  Underbill,  H.  G.  Van  Fossen, 
A.  P.  Walbridge,  W.  H.  Wallace,  Henry  E.  Ware, 
J.  C.  Wasson,  Sam  F.  Webb,  E.  W.  Wilbur,  W.  A. 
Wilson,  but  others  may  become  members  of  said 
Association  by  subscribing  to  these  Articles  of  In- 
corporation, or  a  copy  thereof,  or  by  the  transfer  of 
stock  to  them  in  the  regular  course  of  the  adminis- 
tration of  the  affairs  of  the  Association. 


ARTICLE  III. 

The  principal  place  of  transacting  the  business 
of  the  Association  shall  be  at  the  City  of  Phoenix, 
in  the  County  of  Maricopa,  in  the  Territory  of 
Arizona. 

ARTICLE  IV. 

Section  i.  The  objects  for  which  the  Associa- 
tion is  organized  and  the  general  nature  of  the 
business  to  be  transacted  by  it  shall  be  and  are : 

To  provide  for  and  distribute  and  furnish  to  the 
lands  of  the  holders  of  shares  of  said  Association  to 
which  said  shares  and  the  rights  and  interests  repre- 
sented thereby  are  appurtenant,  an  adequate  supply 
of  water  for  the  irrigation  of  said  lands ; 

To  divert  water  within  the  Territory  of  Arizona 
from  the  public  sources  of  water  supply,  to  impound 
water  and  develop  sources  of  water,  to  pump  water 
from  underground  sources,  to  carry  and  distribute 
water  for  the  irrigation  of  the  lands  aforesaid,  and  to 
construct,  purchase,  lease,  condemn  or  otherwise 
in  any  way  whatsoever  acquire  and  own,  hold,  have, 
use,  control,  maintain,  preserve,  manage,  operate 
and  conduct  the  means  therefor  and  any  and  all 
rights,  reservoirs,  dams,  canals,  ditches,  flumes,  head- 
gates,  pipes,  machinery,  wells,  pumps,  pumping 
plants,  power  houses,  transmission  lines,  and  prop- 
erty both  real  and  personal  of  every  nature  and  kind 
whatsoever  necessary  or  appropriate  for  the  accom- 
plishment of  any  of  the  objects  or  purposes  afore- 
said; 

To  divert,  impound,  develop,  pump,  distribute, 
deliver  and  use  water  for  all  beneficial  uses  and  pur- 
poses from  surface  and  subterranean  sources  by  any 
means  adapted  to  any  of  the  purposes  aforesaid,  and 


create,  transmit  and  use  power  for  the  accomplish- 
ment of  any  of  the  purposes  or  objects  of  the  Associ- 
ation as  hereinbefore  set  forth ; 

To  have  and  exercise  all  the  powers,  and  do  all 
and  everything  necessary,  suitable,  convenient  or 
proper  for  the  accomplishment  of  any  of  the  pur- 
poses, or  the  attainment  of  any  one  or  more  of  the 
objects  herein  enumerated,  or  incidental  to  the  pow- 
ers herein  named,  or  which  shall  at  any  time  appear 
conducive  or  expedient  for  the  protection  or  benefit 
of  the  Association  or  its  members  as  shareholders 
therein. 

Sec.  2.  For  the  accomplishment,  or  to  aid  in 
and  promote  the  accomplisment,  of  the  aforesaid 
purposes  or  objects,  or  any  of  them,  this  Association 
shall  have  power  to  enter  into  any  contract  or  other 
arrangement,  or  undertake  in  whatsoever  manner 
and  by  whatsoever  means  may  be  deemed  proper  or 
convenient  therefor,  to  secure  action  by  or  the  aid  of 
the  United  States  Government  in  the  construction, 
erection  or  acquisition  of  any  dams,  reser- 
voirs, canals,  wells,  or  other  works  or 
property,  or  appurtenances  necessary  there- 
unto, for  the  storage,  development,  diver- 
sion, distribution  or  delivery  of  water  to  the  lands  of 
the  shareholders  of  this  Association,  or  to  aid  therein, 
and  to  enter  into  any  agreement  with  said  Govern- 
ment which  may  be  approved  by  the  Secretary  of  the 
Interior  or  any  duly  authorized  official  or  represent- 
ative of  the  Interior  Department  with  reference  to 
the  collection  and  payment  to  the  Government  of 
any  and  all  moneys  which  may  be  due  the  Govern- 
ment under  or  by  reason  of  rights  issued  by  the 
Government  to  members  of  this  Association  for  the 
use  of  water  from  any  reservoir  or  irrigation  works 


8 

acquired  or  constructed  by  said  Government,  or  in 
the  acquisition  or  construction  of  which  it  may 
have  aided,  and  to  comply  with  any  conditions, 
rules  or  regulations  prescribed  by  Congress  or 
by  any  executive  department  or  official  of  said 
Government  lawfully  authorized  thereunto,  con- 
cerning the  storage,  diversion,  delivery,  applica- 
tion, or  use  of  any  water  so  stored,  developed  or 
delivered  to  the  shareholders  of  this  Association 
from  or  by  means  of  any  works  constructed  or 
acquired  by  the  Government  or  in  the  construction 
or  acquisition  of  which  the  Government  may  have 
aided,  or  which  it  may  hereafter  construct  or  acquire 
or  in  the  construction  or  acquisition  of  which  it  may 
hereafter  aid. 

Sec.  3.  The  territory  within  which  are  the 
lands  to  be  irrigated  as  aforesaid  shall  be  known  as 
the  Salt  River  Reservoir  District;  and  shall  include 
lands  within  the  boundaries  described  as  fol- 
lows, that  is  to  say:  Commencing  at  a  point 
on  the  right  bank  of  Salt  river  at  the  mouth  of  the 
Verde  river;  thence  in  a  southerly  direction  to  the 
headgates  of  the  Arizona  canal ;  thence  in  a  general 
westerly  direction  along  the  north  line  of  the  right 
of  way  of  the  Arizona  canal  to  the  end  thereof,  at  or 
near  the  quarter  corner  between  Sections  5  and  6, 
township  3  north,  range  i  east;  thence  west  to  the 
left  bank  of  the  Agua  Fria  river ;  thence  in  a  south- 
erly direction  along  the  left  bank  of  the  Agua  Fria 
river  to  a  point  in  Section  14,  Township  i  north, 
Range  i  west,  where  the  line  of  the  St.  John's  canal 
intersects  the  Agua  Fria  river;  thence  in  a  south- 
easterly direction  along  the  north  line  of  the  right 
of  way  of  the  St.  John's  canal  to  the  north  bank  of 


ihe  Salt  river ;  thence  across  the  Salt  river  to  a  point 
in  Section  35,  Township  i  north,  Range  i  east, 
where  the  east  line  of  the  Gila  river  Indian  reserva 
tion  interesects  the  south  bank  of  the  Salt  river; 
thence  in  a  southerly  direction  along  the  east  line 
of  the  said  Gila  river  Indian  reservation  to  the  town- 
ship line  between  Townships  i  and  2  south;  thence 
following  the  boundary  of  the  said  Gila  river  Indian 
reservation,  east  along  the  said  township  line  to  the 
range  line  between  Ranges  4  and  5  east;  thence 
south  between  Ranges  4  and  5  east;  thence  east, 
between  Townships  2  and  3  south,  to  the  east  line 
of  the  right  of  way  of  the  east  branch  of  the  Con- 
solidated canal ;  thence  north,  following  the  east  line 
of  the  right  of  way  of  the  east  branch  of  the  Consoli- 
dated canal  to  the  south  line  of  Section  2,  Township 
2  south,  Range  5  east;  thence  east  to  the  section 
corner  common  to  Sections  5,  6,  7  and  8,  Township 
2  south,  Range  6  east;  thence  north  between  Sec- 
tions 5  and  6  east,  Township  2  south,  Range  6  east, 
to  the  east  bank  of  the  Highland  canal;  thence  in 
a  general  northerly  direction  along  the  east  bank 
of  said  Highland  canal  to  the  left  bank  of  Salt  river ; 
thence  in  a  general  northerly  direction  along  the  left 
bank  of  Salt  river  to  a  point  opposite  the  mouth  of 
the  Verde  river  to  the  place  of  beginning;  together 
with  any  public  or  other  lands  on  which  rights  to  the 
use  of  water  from  reservoir  or  irrigation  works 
referred  to  in  Section  2  of  this  Article  shall  be  issued 
by  the  Secretary  of  the  Interior. 

ARTICLE  V. 

Section  i.  The  capital  stock  of  the  Association 
shall  be  $3,750,000,  and  be  divided  into  250,000 
shares  of  the  par  value  of  $15.00  per  share. 


IO 

Sec.  2.  Those  and  those  only  who  are  own- 
ers of  lands,  or  occupants  of  public  lands  having 
initiated  a  right  to  acquire  the  same,  within  the  ter- 
ritory described  in  Article  IV  of  these  Articles  of 
Incorporation,  or  within  such  extensions  thereof  as 
may  be  hereafter  made  from  time  to  time  under  the 
powers  herein  conferred  for  that  purpose,  shall 
be  the  holders  or  owners  of  shares  of  the  capital 
stock  of  this  Association.  For  each  acre  of  such 
lands  shareholders  may  become  the  owner  of  one 
share  of  stock  of  this  Association  and  no  more. 

Sec.  3.  As  a  condition  of  continued  own- 
ership of  said  shares  of  stock,  and  participation  in 
any  of  the  benefits  thereof,  each  subscriber  therefor, 
or  transferee  thereof  in  case  of  transfer,  shall,  as 
soon  as  the  right  or  rights  hereinafter  referred  to 
become  subject  to  application  and  acquisition  under 
the  rules  and  regulations  prescribed  or  to  be  pre- 
scribed for  the  purpose  by  Congress  or  any  execu- 
tive department  of  the  Government,  apply  for,  and 
in  good  faith  comply  promptly  with  all  such  rules  and 
regulations  for  the  acquisition  of,  a  right  to  the  use 
of  water  from  any  source  of  supply  provided  by  the 
Government,  or  in  the  provision  of  which  the  Gov- 
ernment has  aided,  for  the  irrigation  of  the  lands  to 
which  said  shares  and  rights  represented  thereby 
are  appurtenant.  Upon  the  failure  of  the  sub- 
scriber, or  holder  otherwise,  of  any  of  the  shares 
of  the  capital  stock  of  this  Association  to  apply 
for  such  rights,  or,  having  applied  therefor,  upon 
failure  to  promptly  and  in  good  faith  comply 
with  all  rules  and  regulations  prescribed  or  that  may 
be  prescribed  by  Congress  or  by  any  executive  de- 
partment of  the  Government  relative  thereto,  then 


II 

he  shall  forfeit  to  the  Association  such  shares  of 
stock  and  all  and  every  right  in  anywise  theretofore 
or  then  incident  thereto,  or  that  might  in  anywise 
arise  or  accrue  from  or  exist  by  virtue  of  such  sub- 
scription or  ownership,  or  that  could  by  any  means 
arise  or  be  claimed  therefrom,  and  such  person,  his 
heirs  and  assigns,  shall  thereafter  have  no  right 
whatsoever  as  a  member,  of  this  Association  by  virtue 
thereof. 

Sec.  4.  Any  shares  of  stock  so  forfeited 
shall  at  once  be  cancelled  and  shall  not  again,  under 
any  circumstances,  be  renewed,  revived,  or  reissued. 
Other  stock  in  lieu  thereof  up  to  the  limit  of  the  total 
number  of  shares  authorized  by  these  Articles  may 
be  subscribed  for,  and  issued,  subject  to  all  the  con- 
ditions of  these  Articles  and  to  the  approval  of  the 
Secretary  of  the  Interior. 

Sec.  5.  The  ownership  of  each  share  of 
stock  of  this  Association  shall  carry,  as  incident 
thereto,  a  right  to  have  delivered  to  the  owner 
thereof  water,  by  the  Association,  for  the  irrigation 
of  the  lands  to  which  such  share  is  appurtenant. 

Sec.  6.  The  amount  of  water  so  to  be  de- 
livered to  such  owner  shall  be  that  proportionate 
part  of  all  stored  and  developed  water,  the  storage 
or  development  of  which  is  or  may  be  effected  by 
this  Association,  or  by  means  of  works  under  its  con- 
trol, management  or  direction,  or  which  may  become 
available  for  distribution  by  this  Association  from 
irrigation  works  built  by  the  National  Government, 
during  any  irrigating  season,  as  the  number  of  shares 
owned  by  him  shall  bear  to  the  whole  number  of 
valid  and  subsisting  shares  of  the  Association  issued 


12 

and  then  outstanding,  to  be  delivered  to  and  upon 
said  lands  at  such  times  during  such  season  as  he 
may  direct. 

Sec.  7.  And  there  shall  also  be  incident  to 
such  ownership  of  such  shares  the  right  to  have  de- 
livered to  the  owner  thereof,  for  the  irrigation  of 
said  lands,  as  the  Association  shall  from  time  to  time 
acquire  means  for  that  purpose,  the  water  heretofore 
and  before  the  shareholder  or  his  transferee  became 
a  member  of  this  Association,  appropriated  by  him 
or  by  his  predecessors  in  interest,  for  the  irrigation 
of  said  lands:  provided,  however,  that  the  whole 
amount  of  water  actually  delivered  from  all  sources 
shall  not  exceed  the  amount  necessary  for  the  proper 
cultivation  of  said  lands. 

Sec.  8.  The  records  of  the  Association  and 
each  and  every  certificate  or  other  evidence  of  own- 
ership of  shares  of  stock  in  the  Association,  when 
issued,  shall  contain  a  description  of  the  lands  to  be 
irrigated,  and  to  which  the  aforesaid  rights  and 
shares  shall  be  perpetually  appurtenant,  and  there- 
after all  rights,  whatever  their  source  or  whatever 
their  manner  of  acquisition,  to  the  use  of  water 
for  the  irrigation  of  said  lands,  shall  forever  be 
inseparably  appurtenant  to  said  lands,  to- 
gether with  the  said  shares  of  stock,  and  all  rights  and 
interests  represented  thereby  or  existing  or  accruing 
by  reason  thereof,  unless  such  rights  shall  become 
forfeited  under  the  provisions  of  these  Articles  of 
Incorporation,  or  of  by-laws  adopted  in  pursuance 
thereof,  or  by  operation  of  law,  or  by  the  voluntary 
abandonment  thereof  by  deed,  grant  or  other  instru- 
ment, or  by  non-user  for  the  term  prescribed  by  law; 
but  no  such  abandonment  shall  be  for  the  benefit  of 


13 

any  person  designated  by  such  shareholder,  directly 
or  indirectly,  or  to  his  use,  nor  confer  any  right  what- 
soever upon  the  holder  of  any  grant,  release,  waiver, 
or  declaration  of  abandonment  of  whatever  kind  of 
such  right :  provided,  however,  that  if  for  any  reason 
it  should  at  any  time  become  impracticable  to  bene- 
ficially use  water  for  the  irrigation  of  the  land  to 
which  the  right  to  the  use  of  the  same  is  appurtenant 
on  the  said  land,  the  said  right  may  be  severed  from 
said  land  and  simultaneously  transferred  and  at- 
tached to  other  lands  to  which  shares  of  stock  in  this 
Association  are  or  are  thereby  made  appurte- 
nant, if  a  petition  for  leave  to  make  such 
transfer  and  showing  the  necessity  therefor  shall 
have  first  been  approved  by  a  two-thirds  vote 
of  the  Board  of  Governors  at  a  regular  meeting 
and  by  the  Secretary  of  the  Interior ;  and  all  the  pro- 
visions and  agreements  hereinbefore  in  this  section 
contained  shall  be  set  forth  in  the  aforesaid  certificate 
or  other  evidence  of  the  ownership  of  shares  of  stock 
in  the  Association,  and  such  certificate  or  other  in- 
strument shall  be  signed,  executed  and  acknowl- 
edged by  the  President  and  Secretary  of  the  Associa- 
tion, and  by  the  person  to  whom  it  is  issued  in  the 
manner  required  by  law  for  the  execution  and  ac- 
knowledgment of  deeds  for  the  conveyance  of  real 
estate,  and  the  Council  shall  pass  by-laws  prescribing 
the  form  of  such  certificate  or  other  instrument  not 
inconsistent  with  these  articles. 

Sec.  9.  Every  transfer  of  the  title  to  any 
lands  to  which  the  said  rights  and  stock  are  so  appur- 
tenant, whether  by  grant  or  by  operation  of  law  (ex- 
cept where  the  land  may  be  subjected  by  grant  or  in- 
voluntarily under  any  law  to  an  easement,  the  exercise 


14 

of  which  does  not  interfere  with  the  cultivation  of  the 
soil  by  the  servient  owner)  shall  operate,  whether  it 
be  so  expressed  in  the  grant  or  other  means  of 
transfer  or  not,  as  a  transfer  of  all  rights  to  the  use 
of  water  for  the  irrigation  of  said  lands,  and  all 
rights  arising  from,  or  incident  to,  the  ownership  of 
such  stock,  and  as  well  the  stock  itself,  to  the  gflantee 
or  successor  in  title  of  said  lands;  and  upon 
presentation  to  this  Association  of  proof  of  any  such 
transfer  of  land,  to  which  such  rights  are  appurte- 
nant, the  proper  officer  shall  transfer  such  stock 
upon  its  books  to  the  successor  in  title  to  said  lands. 

Sec.  10.  Any  transfer,  or  attempted  trans- 
fer, of  any  of  the  shares  of  stock  of  this  Association, 
made  or  suffered  by  the  owner  thereof,  unless  simul- 
taneously a  transfer  of  the  land  to  which  it  is  appur- 
tenant is  made  or  suffered,  shall  be  of  no  force  or 
effect  whatsoever  for  any  purpose,  and  shall  confer 
no  rights  of  any  kind  whatsoever  on  the  person  or 
persons  to  whom  such  transfer  may  have  been 
attempted  to  be  made. 

Sec.  ii.  No  payments  for  the  capital  stock 
of  this  Association  shall  be  required  except  in  the 
manner  following  : 

Whenever  it  shall  be  announced  or  otherwise 
made  known  by  the  Government,  or  any  of  its  proper 
agencies,  to  the  subscribers  to  the  shares  of  said  cap- 
ital stock  that  rights  may  be  initiated  to  the  use  of 
water  from  any  works  acquired  or  constructed  by  it 
for  the  storage  or  development  of  water  capable  of 
being  used  on  the  lands  of  the  subscribers  for  said 
shares  of  stock,  or  in  the  acquisition  or  construction 
of  which  works  the  Government  shall  have  aided, 
then  the  said  subscribers  shall,  under  the  rules 


15 

and  regulations  prescribed  by  the  Government 
therefor,  within  a  reasonable  time,  apply  to 
the  proper  agency  for  such  rights  at  the  rate  of 
one  acre  for  each  share  of  stock  so  subscribed 
for,  and  upon  proper  proof  to  this  Association  that 
such  rights  have  been  allotted  to  the  subscriber  and 
that  he  has  complied  with  the  Government  rules  and 
regulations  up  to  that  time,  so  as  to  entitle  him  to 
complete  his  ultimate  acquisition  thereof,  then  such 
subscriber  shall  be  deemed  to  have  paid  on  his  sub- 
scription of  said  stock  the  amount  that  he  shall  have 
then  paid  to  or  for  the  use  of  the  Government  for 
such  right,  and  when  all  subsequent  payments  re- 
quired by  the  Government  for  such  rights  shall  have 
been  paid  by  him,  or  by  anyone  for  him,  then  such 
stock  shall  be  deemed  and  held  to  have  been  fully 
paid  up. 

Sec.  12.  If  it  should  be  determined  by  the 
Government  that  the  amount  of  water  that  may 
safely  be  estimated  to  be  capable  of  being  stored,  or 
developed  by  works  acquired  or  constructed  or  to 
be  acquired  or  constructed  by  it,  or  by  this  Associa- 
tion, in  addition  to  the  amount  of  water  now 
appropriated  out  of  Salt  river  and  Verde  river,  for 
the  irrigation  of  lands  in  said  reservoir  district,  shall 
together  be  insufficient  to  properly  irrigate  250,000 
acres  of  land,  then  the  number  of  shares  of  the  capital 
stock  of  this  Association  shall  be  reduced  so  that  the 
number  of  such  shares  shall  not  exceed  the  number 
of  acres  estimated  by  the  Government  to  be  capable 
of  irrigation  from  such  combined  sources  of  supply. 

Sec.  13.  If  at  the  time  of  the  determination 
by  the  Government  of  the  number  of  acres  capable 
of  such  irrigation,  there  shall  have  been  subscribed 


i6 

for  a  number  of  the  shares  equal  to  the  number  of 
acres  so  estimated  to  be  capable  of  irrigation,  then 
no  subscription  for  more  shares  shall  be  taken.  If 
the  number  so  subscribed  for,  however,  shall  then 
exceed  the  estimated  number  of  acres  so  capable  of 
irrigation,  then  there  shall  be  allotted  to  said  sub- 
scribers that  number  of  shares  equal  to  the  estimated 
number  of  acres  capable  of  irrigation.  In  such 
allotment,  cultivated  lands  shall  have  the  preference; 
and  any  excess  in  the  number  of  shares  subscribed 
for  over  the  number  so  allotted,  shall  be  cancelled, 
and  thereafter  shall  not  be  issued. 

Sec.  14.  In  exercising  the  right  of  prefer- 
ence to  allotment  of  shares,  provided  for  in  the  fore- 
going section,  the  by-laws  may  prescribe  reasonable 
times  within  which  such  preference  shall  be  declared 
and  the  manner  thereof. 

ARTICLE  VI. 

Section  i.  The  exercise  of  the  corporate  pow- 
ers of  this  Association  and  the  management  of  its 
affairs  shall  be  vested  in 

1.  A  Council, 

2.  A  Board  of  Governors, 

3.  One  or  more  local  boards  of  Water  Com- 
missioners, and 

4.  A    President,    Vice-President,    Treasurer, 
Secretary,  and  such  other  officers  and  agents  as  shall 
or  may  be,  from  time  to  time,  created  and  established 
by  the  Council. 

Sec.  2.  The  Council  shall  consist  of  thirty 
members,  who  shall  hold  their  offices  for  three  years. 
In  the  event  of  a  vacancy  occurring  from  death,  res- 
ignation, ceasing  to  be  a  shareholder  of  this  Asso- 


17 

ciation,  removal  from  the  Reservoir  District,  or 
other  cause,  the  unexpired  term  shall  be  filled  at  the 
annual  election  next  after  the  vacancy  shall  have 
occurred.  Shareholders  of  this  Association  only 
shall  be  eligible  to  the  office  of  member  of  the 
Council. 

Sec.  3.  The  annual  election  of  the  members  of 
the  Council,  and  of  the  other  officers  for  whose  elec- 
tion these  Articles  provide,  shall  be  held  on  the  first 
Tuesday  of  April  in  each  year. 

Sec.  4.  For  the  purpose  of  electing  members 
of  the  Council  the  territory  described  in  Article  IV 
of  these  Articles,  shall  be  divided  by  the  Council  into 
ten  (10)  districts,  which  districts  shall  severally  con- 
sist of  contiguous  territory,  and  be  as  nearly  uniform 
in  shape,  and  contain  as  nearly  an  equal  number  of 
acre?  to  which  shares  of  stock  of  this  Association  are 
appurtenant,  as  may  be  practicable. 

Sec.  5.  At  each  annual  election,  after  1904, 
there  shall  be  elected  one  member  of  the  Council 
from  each  of  said  several  districts  by  the  electors 
thereof.  Such  member  shall  at  the  time  of  his  elec- 
tion be  the  owner  of  lands  situated  within  the  dis- 
trict for  which  he  is  elected  to  which  shares  of  stock 
of  this  Association  are  appurtenant,  and  shall  also  be 
a  resident  of  the  Reservoir  District,  and  if  he  should, 
during  his  term  of  office,  cease  to  be  such  owner,  or 
a  resident  of  such  Reservoir  District,  his  office  shall 
thereupon,  and  by  reason  thereof,  become  vacant. 

Sec.  6.  At  the  annual  election,  to  be  held  on 
the  first  Tuesday  of  April,  1904,  there  shall  be 
elected  three  members  of  the  Council  from  each  of 
said  districts,  one  of  whom  shall  be  elected  to  serve 
for  one,  one  for  two,  and  the  other  for  three  years. 


i8 

Sec.  7.  The  term  of  office  of  members  of  the 
Council  shall  begin  on  the  first  Monday  in  May  fol- 
lowing their  election. 

Sec.  8.  Until  the  election  of  members  of  the 
Council  at  the  annual  election  in  1904,  and  until  their 
qualification,  the  Council  shall  consist  of  the  follow- 
ing named  persons,  that  is  to  say : 

J.  Wilfred  Broomell,  Vernon  L.  Clark,  O.  H. 
Christy,  W.  W.  Dobson,  B.  A.  Fickas,  S.  S.  Green, 
C.  R.  Hakes,  C.  T.  Hirst,  P.  T.  Hurley,  James  John- 
son, Emery  Kays,  W.  J.  Kingsbury,  Wallace  A. 
MacDonald,  H.  C.  Mann,  M.  W.  Messinger.  Thos. 
W.  Pemberton,  Alfred  J.  Peters,  J.  E.  Price,  L.  J. 
Rice,  L.  D.  Rousseau,  C.  S.  Steward,  J.  A.  Stewart, 
J.  E.  Sturgeon,  Fred  Tait,  G.  E.  Tompkins,  Howard 
L.  Underbill,  H.  G.  Van  Fossen,  A.  P.  Walbridge, 
Henry  E.  Ware,  W.  A.  Wilson. 

Sec.  9.  The  Council  shall  meet  at  least  once 
in  each  year  at  the  City  of  Phoenix,  in  Maricopa 
County,  Arizona.  This  regular  annual  meeting  of 
the  Council  shall  begin  on  the  first  Monday  in  May 
in  each  year  and  continue  in  session  at  its  pleasure. 

Sec.  10.  Special  meetings  may  be  called  and 
held  in  such  manner  and  at  such  times  and  under 
such  provisions  as  may  be  prescribed  by  the  by-laws. 
The  general  object  and  nature  of  business  to  be 
transacted  at  any  special  meeting  shall  be  made 
known  by  reasonable  public  notice,  such  notice  to 
be  that  prescribed  by  the  by-laws  therefor. 

Sec.  TI.  The  members  of  the  Council  shall 
serve  as  such  without  compensation,  but  may  receive 
mileage  one  way  at  the  rate  of  10  cents  per  mile  for 
each  day  of  actual  attendance. 

Sec.  12.     No  member  of  the  Council  shall  be 


19 

eligible  to  any  office  of  this  Association  to  which 
there  is  attached  any  emolument  or  compensation, 
nor  shall  he  be  so  eligible  until  at  least  two  years 
shall  have  elapsed  after  his  term  of  office  as  Council- 
man shall  have  expired ;  provided,  that  this  inhibition 
shall  not  apply  to  any  person  by  reason  of  his  mem- 
bership of  the  first  Council. 

Sec.  13.  The  Council  shall  have  power  to  en- 
act and  adopt,  and  provide  for  the  enforcement 
thereof,  by-laws  for  the  government  of  the  members 
of  this  Association,  and  the  management  of  its  busi- 
ness, and  the  conduct  of  its  affairs,  and  to  repeal, 
modify  and  amend  the  same  from  time  to  time.  But 
the  Council  shall  not  have  power  to  adopt  or  to 
enforce  any  by-laws  that  in  anywise  conflict  with  any 
rule  or  regulation  established  by  the  Secretary  of 
the  Interior  or  other  agency  of  the  Government  for 
the  administration  of  water  from  any  reservoir,  or 
other  works  acquired  or  constructed  by  the  National 
Government,  or  in  the  acquisition  or  construction 
of  which  it  shall  have  aided,  and  which  may  be  used 
for  supplying  water  to  the  lands  of  the  shareholders 
of  this  Association. 

Sec.  14.  No  by-laws  shall  be  passed  or  enforced 
which  shall  interfere  with  or  affect  any  present  ex- 
isting vested  right  of  any  member  of  this  Association 
to  the  use  of  water  for  irrigation. 

Sec.  15.  All  by-laws  shall  be  of  general  appli- 
cation so  far  as  general  laws  can  be  made  to  apply. 

ARTICLE  VII. 

Section  i.  At  all  elections  the  electors  shall 
possess  the  following  qualifications: 


20 

(1)  Shall  be  at  the  time  of   the    election   the 
owner  of  at  least  one  share  of  the  capital  stock  of 
this  Association,  and  shall    have    been    the    owner 
thereof,  as  shown  by  the  books  of  the  Association, 
for  at  least  twenty  days  before  such  election. 

(2)  Shall  be  of  the  age  of  twenty-one  years  or 
more  and  of  sound  mind. 

Sec.  2.  At  all  elections  each  shareholder  shall 
be  entitled  to  one  vote  for  each  share  of  stock  owned 
by  him,  not  however  to  exceed  in  the  aggregate  one 
hundred  and  sixty  votes,  and  no  more. 

Sec.  3.  The  votes  shall  be  by  written  or  printed 
ballot,  and  be  voted  only  by  the  electors  at  the  polls 
in  person. 

Sec.  4.  The  Council  may  make  reasonable  by- 
laws for  the  registration  of  voters  and  the  method 
of  holding  elections. 

Sec.  5.  At  all  elections  the  person  receiving  the 
highest  number  of  votes  for  any  office  shall  be 
deemed  elected  to  such  office. 

ARTICLE  VIII. 

Section  i.  The  Board  of  Governors  shall  con- 
sist of  the  President,  by  virtue  of  his  office,  and  ten 
other  members.  Each  of  said  ten  members  shall  be 
the  owner  of  lands  situated  within  the  district  for 
which  he  is  elected,  to  which  shares  of  stock  of  this 
Association  are  appurtenant,  and  shall  also  be  a  resi- 
dent of  the  Reservoir  District;  and  if  he  should,  dur- 
ing his  term  of  office,  cease  to  be  such  owner  or  a 
resident  of  such  Reservoir  District,  his  office  shall 
thereupon,  and  by  reason  thereof,  become  vacant. 

Sec.  2.  One  member  of  said  Board  shall  be 
elected  at  the  annual  election  to  be  held  on  the  first 


21 

Tuesday  of  April,  1904,  and  at  each  annual  election 
thereafter  from  and  by  the  electors  of  each  of  the 
districts  into  which  the  territory  described  in  Article 
IV  of  these  Articles  is  or  may  be  divided  for  the 
purpose  of  the  election  of  members  of  the  Council. 

Sec.  3.  Until  the  election  of  members  of  the 
Board  of  Governors  at  the  annual  election  in  1904, 
and  until  their  qualification,  the  Board  of  Governors 
shall  consist  of  the  following  named  persons,  that  is 
to  say: 

Frank  T.  Alkire,  A.  J.  Chandler,  Wm.  Christy, 
B.  A.  Fowler,  Lin  B.  Orme,  F.  H.  Parker,  H.  Sim- 
kins,  M.  A.  Stanford,  W.  H.  Wallace,  Sam  F.  Webb, 
E.  W.  Wilbur. 

Sec.  4.  If  a  member  of  the  Board  of  Gov- 
ernors, at  any  time  during  his  term  of  office,  should 
cease  to  have  any  of  the  qualifications  prescribed  for 
that  office,  such  office  shall  thereupon  become 
vacant,  and  in  the  event  of  a  vacancy  from  that  cause, 
or  by  reason  of  the  death,  removal  from  the  Reser- 
voir District,  or  resignation  of  any  member  of  said 
Board  of  Governors,  the  vacancy  shall  be  filled  by  the 
Council  if  it  occurs  more  than  sixty  days  prior  to  a 
regular  election. 

Sec.  5.  The  Board  of  Governors  shall  meet  in 
regular  session,  at  the  office  of  the  Association,  on 
the  first  Monday  of  each  month,  unless  it  be  a  legal 
holiday,  in  which  case  the  Board  shall  meet  on  the 
following  day. 

Sec.  6.  Special  meetings  of  the  Board  of  Gov- 
ernors may  be  called  by  the  President,  or  by  any  six 
of  the  members  of  the  Board.  Such  call  shall  be  in 
writing  and  signed  by  either  the  President,  or  any 
six  of  the  members,  and  shall  state  the  time  of  such 


22 

proposed  meeting,  and  the  nature  of  the  business  to 
be  transacted  thereat.  Such  written  call  shall  be 
filed  with  the  Secretary,  who  shall  thereupon  imme- 
diately, and  at  least  five  days  before  the  time  fixed  for 
such  meeting,  mail,  post-paid,  to  the  President,  and 
each  member  of  the  Board,  a  copy  of  such  call,  and 
shall  publish  the  same  in  some  newspaper  published, 
and  of  general  circulation,  in  the  territory  described 
in  Article  TV,  of  these  Articles,  on  three  consecutive 
days  before,  and  exclusive  of,  the  day  fixed  for  such 
special  meeting.  If  the  Secretary  fail  or  refuse  to 
publish  such  call  or  to  mail  copies  thereof,  as  above 
provided,  then  either  the  President,  if  he  issued  the 
call,  or  any  one  of  the  members  who  issued  the  same, 
may  make  publication  and  mail  copies  of  the 
call,  with  like  effect  as  if  done  by  the  Secretary. 
Special  meetings  of  the  Board  of  Governors  shall  be 
held  at  the  office  of  the  Association. 

Sec.  7.  The  members  of  the  Board  of  Gov- 
ernors shall  receive  such  compensation  as  shall  be 
prescribed  by  the  Council,  by  by-laws. 

Sec.  8.  The  Board  of  Governors  shall  have  the 
administration  of  the  corporate  affairs  and  business 
of  the  Association  and  shall  manage  and  conduct  the 
same  subject  to  all  the  provisions  of  these  Articles 
and  of  the  by-laws. 

Sec.  9.  It  shall  have  the  power  to  appoint,  sub- 
ject to  removal  by  it  at  any  time,  a  General  Super- 
intendent, and  prescribe  his  duties  and  powers, 
subject  to  all  rules  and  regulations  prescribed  by  the 
by-laws,  and  to  employ  an  engineer,  or  engineers, 
and  such  other  employees  as  may  be  proper  and 
necessary  to  effect  the  purposes  of  this  Association, 
subject  to  such  rules  and  regulations  as  may  be 
prescribed  by  the  by-laws. 


23 

Sec.  10.  It  shall  have  the  power  to  prosecute, 
defend,  and  compromise  all  law  suits;  to  make  all 
contracts,  in  the  name  of  the  Association,  necessary 
and  proper  for  the  conduct  of  the  affairs  and  the 
carrying  on  of  the  business  of  the  Association,  sub- 
ject to  all  limitations  and  regulations  prescribed  by 
these  Articles  or  the  by-laws. 

Sec.  ii.  It  shall  have  the  power  to  estimate, 
make  and  levy  all  assessments  against  the  share- 
holders of  this  Association,  to  the  extent  and  in  the 
manner  authorized  by  these  Articles  and  regulated 
and  prescribed  by  the  by-laws. 

Sec.  12.  It  shall  have  the  power  to  make,  publish, 
and  enforce  rules  and  regulations  concerning  the 
distribution,  use  and  application,  of  water  for  irriga- 
tion, subject  at  all  times  to,  and  not  inconsistent  with, 
these  Articles,  or  with  the  by-laws,  or  with  any  rules, 
or  regulations  established  by  the  Secretary  of  the 
Interior,  or  other  agency  of  the  National  Govern- 
ment. , 

Sec.  13.  It  shall  keep,  or  cause  to  be  kept,  a 
record  of  its  transactions,  which  shall  at  all  times  re- 
main in  the  office  of  the  Association  and  shall,  during 
office  hours,  be  open  to  the  inspection  of  the  share- 
holders, or  their  properly  authorized  agents. 

Sec.  14.  It  shall  hear  and  determine  com- 
plaints of  shareholders  of  non-service,  or  of  improper 
service  or  distribution  of  water,  or  of  improper  per- 
formance of  duty  by  any  employee  of  the  Association 
relative  to  the  distribution  of  water. 

ARTICLE  IX. 

Section  i.  The  lands  under  each  separate  dis- 
tributing canal  system  within  the  territory  described 
in  Article  IV  of  these  Articles,  shall  on  the  petition 


24 

of  the  owners  of  two- thirds  of  the  shares  of  the  capi- 
tal stock  of  this  Association  appurtenant  to  the  lands 
in  such  proposed  Canal  Division,  be  formed  into  a 
Canal  Division, and  the  boundaries  of  such  division  be 
fixed  by  the  Council.  On  the  petition  of  the  holders 
of  a  majority  of  the  shares  in  this  Association, owning 
the  lands  affected  thereby,  or  without  such  petition, 
whenever  in  the  judgment  of  the  Council  it  will  be 
beneficial,  the  Council  may  change,  or  modify,  the 
boundaries  of  any  Canal  Division. 

Sec.  2.  A  Board  of  Water  Commissioners  to 
consist  of  three  members  shall  be  appointed  annually 
by  the  Board  of  Governors  for  each  Canal  Divison. 
Such  appointment  shall  be  made  in  the  month  of  May 
in  each  year  and  no  one  shall  be  eligible  for  such 
office,  unless  he  be  a  resident  within  the  Canal  Di- 
vision for  which  he  may  be  appointed,  and  a  qualified 
elector  as  provided  in  these  Articles.  The  term  of 
office  of  the  members  of  the  Boards  of  Water  Com- 
missioners shall  be  from  the  time  of  their  appoint- 
ment until  the  first  day  of  May  in  the  following  year, 
and  until  their  successors  shall  have  been  appointed 
and  have  qualified,  and  they  may  be  removed  for 
cause  by  the  Board  of  Governors,  who  may  fill  any 
vacancy  in  an)'  Board  of  Water  Commissioners  for 
the  nnexpired  term. 

Sec.  3.  If  a  petition  signed  by  shareholders  in 
this  Association,  constituting  a  majority  of  qualified 
electors,  residing  in  any  Canal  Division,  shall  be  pre- 
sented to  the  Board  of  Governors  at  their  first 
meeting,  in  May,  naming  three  persons  eligible  for 
appointment  as  Water  Commissioners,  in  said  Canal 
"Division,  and  asking  for  their  appointment  to  such 
office,  such  persons  shall  be  appointed  as  such  Water 
Commissioners. 


25 

Sec.  4.  In  each  Canal  Division  the  Board  of 
Water  Commissioners  thereof  shall  have  the  control 
and  management  of  the  local  affairs  of  the  canal 
system  therein,  and  of  the  distribution  of  water 
therefrom,  subject  to  the  provisions  of  these  Articles, 
and  to  the  by-laws,  and  to  the  rules  and  regulations 
established  by  the  Council,  or  by  the  Secretary  of  the 
Interior,  or  any  agency  of  the  National  Government. 

Sec.  5.  The  Board  of  Water  Commissioners  in 
each  Canal  Division  may  appoint  a  Secretary  of  the 
Board  and  employ  a  Division  Superintendent  re- 
movable at  their  pleasure. 

Sec.  6.  The  Board  of  Water  Commissioners 
may  call  a  meeting  at  any  time  of  all  the  land  owners 
in  their  Canal  Division  who  are  shareholders  in  this 
Association,  to  consider  and  determine  whether  an 
assessment  or  assessments  for  their  special  benefit 
should  be  levied  on  the  shareholders  in  said  Division. 
At  least  ten  days'  notice  of  such  meeting  shall  be 
given  by  the  Secretary  of  said  Board,  by  posting  a 
notice  thereof  in  three  public  places  in  said  Canal 
Division,  and  mailing  a  copy  of  such  notice,  with 
postage  prepaid,  to  each  shareholder  residing  in  said 
Canal  Division. 

Sec.  7.  If  a  majority  of  such  shareholders  who 
are  the  holders  of  a  majority  of  the  shares  of  this 
Association  appurtenant  to  lands  in  said  Canal  Di- 
vision shall  at  said  meeting  approve  the  levy 
of  such  special  assessment  or  assessments 
and  sign  a  petition  to  the  Board  of  Gov- 
ernors that  the  same  be  levied  on  the  share- 
holders in  this  Association,  owning  lands  in 
said  Division,  and  specifying  the  amount  of  said 
proposed  assessment  and  the  purpose  for  which  it 
should  be  levied,  and  said  Board  of  Water  Commis- 


26 

sioners  should  recommend  it  in  writing,  endorsed  on 
said  petition,  it  shall  be  the  duty  of  the  Board  of 
Governors  to  levy  said  special  assessment  on  all  the 
shareholders  in  this  Association  owning  lands  in  said 
Canal  Division. 

Sec.  8.  When  so  levied  the  said  assessment 
may  when  collected  be  disbursed  by  the  Board  of 
Water  Commissioners  of  said  Canal  Division  for  the 
purpose  specified  in  its  levy,  and  shall  be  paid  out  by 
the  Treasurer  on  warrants  drawn  on  him  by  the  said 
Board  of  Water  Commissioners;  provided,  however 
that  nothing  in  this  article  shall  limit  or  abridge  the 
right  of  the  Association  to  make,  levy  and  collect 
assessments,  as  elsewhere  in  these  articles  provided. 

ARTICLE  X. 

Section  i.  A  President  and  a  Vice-President 
of  the  Association  shall  be  elected  at  the  annual 
election  to  be  held  on  the  first  Tuesday  of  April, 
1904,  and  every  two  years  thereafter,  and  shall  serve 
for  two  years  from  and  after  the  first  Monday  of  May 
following  their  election  and  until  their  successors  are 
elected  and  qualified.  Until  the  election  of  a  Presi- 
dent and  Vice-President,  as  above  provided,  B.  A. 
Fowler  shall  be  the  President,  and  E.  W.  Wilbur 
shall  be  the  Vice-President  of  this  Association. 

Sec.  2.  A  Treasurer  and  a  Secretary  of  the 
Association  shall  be  appointed  by  the  Board  of  Gov- 
ernors at  its  first  regular  meeting  in  each  year,  and 
shall  serve  for  one  year  thereafter,  and  until  their 
successors  have  been  appointed  and  have  qualified. 

Sec.  3.  The  Treasurer  and  Secretary  shall  give 
such  bond  as  may  be  prescribed  by  the  by-laws; 
provided,  that  no  member  of  the  Board  of  Gover- 
nors, nor  the  Secretary,  shall  be  accepted  as  a  surety 


27 

on  the  bond  of  the  Treasurer. 

Sec.  4.  The  President,  Vice-President,  Treas- 
urer and  Secretary  shall  perform  such  duties  as  are 
prescribed  by  these  Articles  and  by  the  by-laws, 
wherein  such  by-laws  shall  not  be  inconsistent  with 
law  or  with  these  Articles,  and  shall  receive  such 
compensation  as  may  be  fixed  by  the  by-laws,  which 
compensation  shall  be  neither  increased  nor  dimin- 
ished during  their  respective  terms  of  ofHce. 

Sec.  5.  In  case  of  the  absence,  illness,  or  in- 
ability of  the  President  to  act  from  any  cause,  or  in 
case  of  a  vacancy  in  that  office,  the  Vice-President 
shall  act  in  the  place  and  stead  of  the  President.  In 
the  event  of  a  vacancy  in  the  offices  of  both  the  Pres- 
ident and  Vice-President,  the  Council  shall  call  a 
special  election  to  fill  the  unexpired  terms  for  both 
offices :  provided,  however,  that  such  vacancies,  if 
occurring  within  sixty  days  before  the  next  annual 
election,  shall  be  filled  by  appointment  by  the 
Council. 

Sec.  6.  The  President  shall  be  the  chief  execu- 
tive officer  of  the  Association,  and  shall  have  general 
supervision  over  all  other  officers  of  the  Association 
in  the  performance  of  their  duties  as  such,  and  of  the 
conduct  of  the  business  and  affairs  of  the  Associa- 
tion. He  shall  preside  at  all  meetings  of  the  Board 
of  Governors  and  shall  be  ex-officio  a  member  of  that 
Board:  and  perform  such  other  duties  as  may  be 
devolved  upon  him  by  the  by-laws. 

Sec.  7.  All  certificates  or  other  evidences  of  the 
ownership  of  shares  of  stock  in  the  Association  issued 
by  the  Association  shall  be  signed  by  the  President 
and  Secretary  of  the  Association  and  shall  have  the 
seal  of  the  Association  affixed  thereto. 

Sec.  8.     All  contracts  and  instruments  in  writ- 


28 

ing  executed  for,  or  in  behalf  of  the  Association,  shall 
be  so  executed  in  the  name  of  the  Association  by  the 
President  and  Secretary  and  shall  have  the  seal  of 
the  Association  affixed  thereto. 

Sec.  9.  The  Treasurer  shall  receive  and  be  the 
custodian  of  all  moneys  and  other  funds  of  the 
Association.  No  moneys  shall  be  paid  out* by  the 
Treasurer  unless  upon  warrants  drawn  on  him  by 
the  President  and  Secretary,  except  as  provided  in 
Article  IX  Section  8  of  these  Articles.  No  war- 
rants shall  be  drawn  on  the  Treasurer  by  the 
President  and  Secretary  except  upon  the  order  of  the 
Board  of  Governors,  recorded  in  the  minutes  of  the 
Board,  and  in  a  warrant  record  to  be  kept  by  the 
Secretary. 

Sec.  10.  The  Treasurer  shall  keep  a  full,  com- 
plete and  accurate  account  of  all  moneys  of  the  As- 
sociation received  and  disbursed  by  him,  in  books 
belonging  to  the  Association,  and  shall  present  a 
report  and  account  thereof  for  the  last  preceding 
month  to  the  Board  of  Governors  at  every  regular 
monthly  meeting  of  said  Board,  and  shall,  at  the 
expiration  of  each  quarter,  prepare  and  publish,  in 
such  manner  as  the  by-laws  may  prescribe,  a  quar- 
terly statement  to  shareholders  showing  all  such 
receipts  and  disbursements  during  the  last  preceding 
quarter ;  and  the  Treasurer  shall  perform  such  other 
duties  as  may  be  devolved  upon  him  by  the  by-laws. 

Sec.  1 1.  The  Secretary  shall  act  as  the  Clerk  of 
the  Board  of  Governors,  and  keep  a  record  of  all 
their  proceedings.  He  shall  be  the  custodian  of  the 
seal  of  the  Association,  and  of  all  its  books,  papers 
and  records.  He  shall  immediately  upon  their  adop- 
tion and  certification  to  him  by  the  Council,  record 
in  a  Book  of  By-Laws  to  be  kept  by  him  in  his  office, 


29 

all  by-laws  adopted  by  the  Council,  and  shall  keep 
such  book  open  to  the  inspection  of  any  member 
of  the  Association  at  all  times  during  business  hours. 
And  the  Secretary  shall  perform  such  other  duties 
as  may  be  devolved  upon  him  by  the  by-laws. 
ARTICLE  XI. 

The  Council  may  create  such  other  offices  as 
may  be  necessary  for  the  carrying  on  of  the  business 
and  affairs  of  this  Association,  and  prescribe  the 
manner  of  appointment,  powers,  duties,  terms  of 
office,  eligibility  and  compensation  thereof  by  by- 
laws not  inconsistent  with  these  Articles. 

ARTICLE  XII. 

Upon  proper  complaint  thereof  by  the  Board 
of  Governors,  duly  sustained,  the  Council  may 
remove  from  office,  the  President,  Vice-President, 
Treasurer,  Secretary,  or  the  incumbent  of  any  office 
created  by  the  Council,  for  incompetence,  neglect  of 
duty,  misappropriation  of  funds  of  the  Association, 
or  for  violation  of  any  of  the  provisions  of  these 
Articles  or  of  any  by-law.  The  Council  shall  pre- 
scribe by  by-laws  the  procedure  for  such  removal. 
ARTICLE  XIII. 

Section  I.  Revenues  necessary  for  the  accom- 
plishment of  the  purposes  of  this  Association  shall  be 
raised  by  an  assessment  thereof  from  time  to  time 
as  required  upon  and  against  the  shareholders. 

Sec.  2.  The  Council  shall  have  power  to  make 
and  enforce  necessary  by-laws  for  the  making,  levy- 
ing, collecting  and  enforcing  of  such  assessments. 

Sec.  3.  Assessments  for  the  ordinary  cost  of 
operation,  maintenance  and  repair,  of  the  works  of 
the  Association,  or  of  those  the  maintenance  and 
control  of  which  are,  or  may  be  hereafter,  lodged  in 


30 

the  Association,  shall  be  equally  assessed  against  all 
the  shareholders  in  proportion  to  the  number  of 
shares  held  by  them  respectively. 

Sec.  4.  Assessments  for  the  purpose  of  con- 
structing or  acquiring,  or  for  the  betterment,  im- 
provement, renewal,  replacement,  or  preservation  of 
any  worKs,  property,  or  rights  of  the  Association, 
or  for  the  purpose  of  preserving,  or  increasing,  or 
more  efficiently,  or  economically  distributing  the 
water  supplies  available  for  distribution  by  the  As- 
sociation, or  for  the  fulfillment  of  any  obligation  un- 
dertaken by  the  Association,  in  any  contract,  agree- 
ment or  other  arrangement  with  the  United  States 
Government,  or  necessary  for  the  accomplishment 
or  carrying  out  of  any  of  the  purposes  of  the  Associ- 
ation, may  be  equally  assessed  against  all  the  share- 
holders in  proportion  to  the  number  of  shares  owned 
by  them  respectively. 

Sec.  5.  Assessments  for  expenditures  for  pur- 
poses that  are  of  benefit  to  a  part  only  of  the  share- 
holders may  be  specially  assessed  in  proportion  to 
such  benefits  against  such  shareholders,  but  no  ex- 
penditure to  be  provided  for,  or  covered  by,  such 
special  assessment  shall  be  made,  or  obligation  to 
expend  the  same  incurred,  except  upon  the  petition 
of  the  holders  of  two-thirds  of  the  shares  to  be  so 
specially  benefited  thereby. 

Sec.  6.  Assessments  shall  become,  from  time  to 
time  as  they  are  made  and  levied,  and,  until  they  are 
paid  or  otherwise  discharged,  shall  be  and  remain 
a  lien  on  the  lands  of  the  shareholder  against  which 
they  are  levied,  and  upon  the  shares  of  stock  appur- 
tenant to  said  lands,  and  all  rights  and  interests  rep- 
resented by  such  shares.  The  manner  of  fixing  the 


lien  and  enforcing  the  same  shall  be  prescribed  in 
the  by-laws. 

Sec.  7.  Except  for  the  ordinary  operation, 
maintenance  and  repair,  no  work  shall  be  under- 
taken, purchase  made  or  indebtedness  incurred  or  be 
authorized  during  any  one  year  whereof  the  cost  or 
amount  thereof  shall  exceed  fifty  thousand  dollars 
($50,000.00)  until  it  shall  have  first  been  ratified  by 
at  least  two-thirds  of  the  votes  cast  at  an  election  to 
be  called  for  that  purpose.  Special  elections  may  be 
called  and  held  for  such  purpose  under  such  by-laws 
as  the  Council  may  prescribe,  not  inconsistent  with 
these  Articles. 

ARTICLE  XIV. 

Nothing  in  these  Articles  of  Incorporation,  or  in 
the  fact  of  becoming  a  member  of  this  Association, 
shall  be  construed  as  affecting,  or  intended  to  affect, 
or  in  any  way  interfere  with  the  present  vested  rights 
of  any  person  to  the  prior  use,  or  delivery,  of  the 
natural  appropriated  flow  of  the  waters  of  the  Salt 
and  Verde  rivers. 

ARTICLE  XV. 

The  individual  property  of  the  shareholders 
shall  be  exempt  from  liability  for  incorporate  indebt- 
edness of  this  Association. 

ARTICLE  XVI. 

The  incorporate  indebtedness  shall  not  exceed 
two-thirds  of  the  amount  of  the  capital  stock. 
ARTICLE  XVII. 

This  corporation  shall  endure  for  the  term  of 
twenty-five  (25)  years. 

ARTICLE  XVIII. 

These  Articles  of  Incorporation  can  only  be 
amended  by  the  shareholders  at  a  regular  annual 


32 

election  or  at  a  special  election  called  for  that 
purpose.  No  proposed  amendment  shall  be  sub- 
mitted to  the  shareholders  until  it  shall  have  first 
received  the  approval  of  two-thirds  of  the  members 
of  the  Council  at  a  regular  or  duly  called  session 
thereof,  nor  shall  any  such  proposed  amendment  be 
so  submitted  until  it  shall  have  been  published  in 
full  at  least  once  in  each  week  for  four  consecutive 
weeks  in  at  least  three  newspapers  published  and  of 
general  circulation  within  the  territory  described  in 
Article  IV,  of  these  Articles,  the  last  of  which  such 
publications  shall  be  not  less  than  10  nor  more  than 
20  days  before  any  such  election. 
ARTICLE  XIX. 

This  Association  may  accept  and  avail  itself  of, 
or  subject  itself  to,  the  provisions  of  any  law  or  laws 
enacted,  or  that  may  be  enacted  by  Congress,  or  the 
Legislative  Assembly  of  the  Territory,  or  State, 
when  it  becomes  a  State,  of  Arizona,  relative  to  cor- 
porations, which  may  be  applicable  to  corporations 
organized  for  like  purposes  as  this  Association. 
Such  acceptance  or  subjection  shall  be  valid  when 
ratified  by  at  least  two-thirds  of  the  votes  cast  at  any 
annual  election,  or  at  any  special  election  called  for 
the  ratification  thereof. 

ARTICLE  XX. 

The  seal  of  this  Association  shall  be  a  figure  of 
two  concentric  circles,  the  outer  being  2  inches  and 
the  inner  i-J  inches  in  diameter.  In  the  space  be- 
tween the  two  shall  be  the  words,  "Salt  River  Valley 
Water  Users'  Association,"  and  bearing  within  the 
center  space  an  unrolled  scroll  with  the  words  and 
figures  thereon:  "Incorporated,  1903,  Arizona." 

Witness  our  hands  hereto,  this  fourth  day  of  Feb- 
ruary, A.  D.,  1903. 


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12Apr49LB 
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RETCD 


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50m-8,'26 


Gaylord  Bros. 

Makers 
Syracuse,  N.  Y. 

PAT.  JAN.  21,  1908 


82521 


572267 


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